No. 2006-221 N CR. July 2, 2008. APPEAL from judgments of the District Court of Nassau County, First District (David Gross, J., on dismissal motion; Vito M. DeStefano, J., at trial; Martin J. Massell, J., at sentencing), rendered January 17, 2006. The judgments convicted defendant, upon jury verdicts, of resisting arrest, attempted assault in the third degree and harassment in the second degree. Legal Aid Society, Hempstead ( Kent V. Moston, Jeremy L. Goldberg and David A. Bernstein of counsel),
May 5, 1983 Order of the Supreme Court, Bronx County (Schackman, J.), entered on January 22, 1982, dismissing the indictment herein pursuant to CPL 30.30 modified to the extent of dismissing the indictment pursuant to CPL 470.15 on the facts and as a matter of discretion in the interests of justice and otherwise affirmed. This case presents for review by this court the issue of whether the refusal by the District Attorney to honor an agreement, freely and voluntarily reached in open court with a
October 14, 1966 Anthony Marra, Patrick M. Wall and Caroline Davidson for defendant. Aaron E. Koota, District Attorney ( James H. Shaw, Jr., of counsel), for plaintiff. M. HENRY MARTUSCELLO, J. This is a coram nobis proceeding. The defendant was tried before a jury on an indictment charging him with the crime of robbery in the first degree. The complaining witness testified that the defendant grabbed him by his coat and demanded his money; that he turned over to the defendant an empty wallet and